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FORTY-SIXTH CALENDAR DAY TWENTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, February 26, 1998 The Senate met in regular session at 9:06 a.m., President Kramer presiding. Prayer was offered by the Reverend Larry Wagner, pastor of the Baptist Church, Bonaparte, Iowa. The Journal of Wednesday, February 25, 1998, was approved. BILLS REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate Files 2334, 2342, 2344 and 2347 be referred from the Regular Calendar to the committee on Appropriations. INTRODUCTION OF BILLS Senate File 2349, by Gronstal, a bill for an act concerning reimbursement to counties for costs associated with the confinement of out-of-state offenders. Read first time and referred to committee on Judiciary. Senate File 2350, by committee on State Government, a bill for an act establishing a state employee deferred compensation trust fund. Read first time and placed on calendar. Senate File 2351, by committee on Commerce, a bill for an act relating to the time for review of the reorganization of a public utility by the utilities board and providing an effective date. Read first time and placed on calendar. Senate File 2352, by committee on Commerce, a bill for an act relating to the disposition of certain lost property. Read first time and placed on calendar. Senate File 2353, by committee on Education, a bill for an act relating to an allocation of state aid for purposes of school-based youth services programs. Read first time and placed on calendar. RECESS On motion of Senator Iverson, the Senate recessed at 10:12 a.m., until 1:00 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: February 25, 1998, 5:40 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack. Members Absent: None. Committee Business: Approved SSB 2192. Adjourned: 7:15 p.m. COMMERCE Convened: February 25, 1998, 1:07 p.m. Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern, and Rife. Members Absent: None. Committee Business: Passed SF 259 and SF 2302. Approved SSB 2058 and SSB 2187. Adjourned: 2:10 p.m. EDUCATION Convened: February 25, 1998, 4:37 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, Boettger, Dvorsky, Fink, Gaskill, Kibbie, Kramer, Neuhauser, Redwine, Rensink, and Tinsman. Members Absent: Szymoniak (excused). Committee Business: Approved SSB 2197, SSB 2200, and SSB 2201. Adjourned: 5:29 p.m. COMMITTEE REPORTS COMMERCE Final Bill Action: SENATE FILE 2351 (SSB 2058), a bill for an act relating to the time for review of the reorganization of a public utility by the utilities board and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn, Gronstal, Hansen, McCoy, Palmer, Redfern, and Rife. Nays, 1: King. Absent or not voting, 2: Lundby and Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 2352 (SF 259), a bill for an act relating to the disposition of certain lost property. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Jensen, Schuerer, Deluhery, Bartz, Douglas , Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern, and Rife. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Commerce Committee on Senate File 2352, and they were attached to the committee report. EDUCATION Final Bill Action: Senate File 2353 (SSB 2201), a bill for an act relating to an allocation of state aid for purposes of school-based youth services programs. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Redfern, Rehberg, Angelo, Boettger, Dvorsky, Fink, Gaskill, Kibbie, Kramer, Neuhauser, Redwine, Rensink, and Tinsman. Nays, none. Pass, 1: Connolly. Absent or not voting, 1: Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 2350 (SSB 2152), a bill for an act establishing a state employee deferred compensation trust fund. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben, Rife, Szymoniak, and Tinsman. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5062 S.F. 2280 Tom Vilsack S-5063 S.F. 2267 Richard F. Drake S-5064 S.F. 2344 Patty Judge S-5065 S.F. 2257 Robert E. Dvorsky Allen Borlaug S-5066 S.F. 2280 Tom Flynn S-5067 S.F. 2280 Tom Flynn S-5068 S.F. 2280 Tom Flynn AFTERNOON SESSION The Senate reconvened at 2:00 p.m., President Kramer presiding. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on February 26, 1998, passed the following bills in which the concurrence of the Senate is asked: House File 2169, a bill for an act raising the limit on the amount of assets subject to a conservatorship in cases where a private nonprofit corporation serves as conservator. Read first time and referred to committee on Commerce. House File 2218, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated. Read first time and referred to committee on Appropriations. INTRODUCTION OF BILLS Senate File 2354, by Neuhauser, a bill for an act relating to contribution and expenditure limits for political campaigns, to disclosure requirements for political advertisements and contributions, to time limits for political contributions, and to officeholder expense accounts, and providing penalties. Read first time and referred to committee on State Government. Senate File 2355, by Kibbie, a bill for an act relating to the Iowa public employees' retirement system and providing effective, implementation, and retroactive applicability dates. Read first time and referred to committee on State Government. Senate File 2356, by committee on State Government, a bill for an act relating to revolving funds to be administered by the department of general services and providing for funding for the revolving funds. Read first time and placed on calendar. Senate File 2357, by committee on Ways and Means, a bill for an act updating the Iowa Code references to the Internal Revenue Code, exempting certain preneed funeral trust income from taxation, revising the carryback and carryover periods for certain net operating losses, providing refunds, and providing an effective date and retroactive applicability dates. Read first time and placed on Ways and Means calendar. Senate File 2358, by committee on Small Business, Economic Development, and Tourism, a bill for an act relating to economic development enterprise zones. Read first time and placed on calendar. Senate File 2359, by committee on Human Resources, a bill for an act providing for a review of juvenile justice provisions involving child protection by the citizens' aide and providing an effective date. Read first time and placed on calendar. Senate File 2360, by committee on Ways and Means, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales, services, and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes; providing penalties; and including effective and retroactive applicability date provisions. Read first time and placed on Ways and Means calendar. Senate File 2361, by Lundby, a bill for an act relating to motor vehicle financial responsibility by extending the required duration and increasing the required amount of coverage. Read first time and referred to committee on Commerce. Senate File 2362, by Lundby, a bill for an act relating to the operation and regulation of certain business entities. Read first time and referred to committee on Business and Labor Relations. Senate File 2363, by committee on Human Resources, a bill for an act relating to requests and hearings for correction and expungement of child abuse information. Read first time and placed on calendar. APPENDIX BILL ENROLLED, SIGNED AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bill has been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 26th day of February, 1998: Senate File 2182. MARY PAT GUNDERSON Secretary of the Senate BILL SIGNED BY THE GOVERNOR A communication was received announcing that on February 26, 1998, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 2121 - Regulating veterinary practice and procedures, by providing for the treatment of horses, and providing an effective date. REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: February 26, 1998, 2:15 p.m. Members Present: Rensink, Chair; Gaskill, Vice Chair; Judge, Ranking Member; Angelo, Bartz, Behn, Black, Fraise, Hedge, Kibbie, Rehberg, and Vilsack. Members Absent: Gettings, McLaren, and Rife (all excused). Committee Business: Approved SSB 2120. Adjourned: 2:35 p.m. APPROPRIATIONS Convened: February 26, 1998, 12:40 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack. Members Absent: None. Committee Business: Passed SF 2323. Adjourned: 1:55 p.m. COMMERCE Convened: February 26, 1998, 8:08 a.m. Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Redfern, and Rife. Members Absent: Palmer (excused). Committee Business: Approved SSB 2046, SSB 2069, and SSB 2144. Adjourned: 8:55 a.m. LOCAL GOVERNMENT Convened: February 26, 1998, 11:35 a.m. Members Present: Behn, Chair; Boettger, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Black, Connolly, Dearden, Gaskill, Hansen, McKean, Redwine, and Schuerer. Members Absent: None. Committee Business: Bill assignments. Passed SF 2042 and HF 2211. Approved SSB 2158, SSB 2179, and SSB 2183. Adjourned: 12:25 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: February 26, 1998, 10:43 a.m. Members Present: Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member; Black, Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Gaskill, Hedge, Judge, McKibben, Rehberg, and Zieman. Members Absent: None. Committee Business: Passed SF 2277. Approved SSB 2123, SSB 2131, and SSB 2140. Adjourned: 11:35 a.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Convened: February 26, 1998, 10:50 a.m. Members Present: Lundby, Chair; Rittmer, Vice Chair; Hansen, Ranking Member; Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine, Rensink, and Schuerer. Members Absent: Boettger (excused). Committee Business: Passed SF 2098, SF 2099 and SF 2105. Adjourned: 11:52 a.m. PETITION The following petition was presented and placed on file by: Senator Schuerer, from twenty-five residents of Vinton, favoring legislation regarding the long-term care ombudsman bill. SUBCOMMITTEE ASSIGNMENTS House File 2164 SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM: Redwine, Chair; Palmer and Rittmer House File 2168 SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM: Rensink, Chair; Douglas and Flynn House File 2282 WAYS AND MEANS: McKibben, Chair; Redfern and Szymoniak INTRODUCTION OF BILLS Senate File 2364, by committee on Ways and Means, a bill for an act relating to the sales, services, and use taxes exemption for the sales of food and beverages for human consumption by certain organizations, providing refunds, and including effective and retroactive applicability date provisions. Read first time and under Rule 28 and placed on Ways and Means calendar. Senate File 2365, by committee on Ways and Means, a bill for an act exempting certain rural water districts from provisions regarding the state tax imposed on sales and services. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 2366, by committee on Appropriations, a bill for an act relating to the licensing and employment of practitioners and the school districts employing them, making appropriations, and including retroactive applicability and effective date provisions. Read first time under Rule 28 and placed on Appropriations calendar. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Andrea Roberts, Williamsburg - For being a winner in the 1998 Write Women Back Into History Essay Contest. Senator Schuerer (2/26/98). COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: *SENATE FILE 2366 (SF 2323), a bill for an act relating to the licensing and employment of practitioners and the school districts employing them, making appropriations, and including retroactive applicability and effective date provisions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 25: McLaren, Kramer, Flynn, Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau, reported nonsubstantive changes to the members of the Appropriations Committee on Senate File 2366, and they were attached to the committee report. HUMAN RESOURCES Final Bill Action: SENATE FILE *2359 (SSB 2189), a bill for an act providing for a review of juvenile justice provisions involving child protection by the citizens' aide and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Boettger, Redwine, Bartz, Behn, Dearden, Harper, Iverson, Rensink, Schuerer, and Tinsman. Nays, 3: Szymoniak, Dvorsky, and Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Human Resources Committee on Senate File 2359, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 2363 (SSB 2190), a bill for an act relating to requests and hearings for correction and expungement of child abuse information. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Boettger, Redwine, Bartz, Behn, Dearden, Harper, Iverson, Rensink, Schuerer, and Tinsman. Nays, 3: Szymoniak, Dvorsky, and Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Human Resources Committee on Senate File 2363, and they were attached to the committee report. LOCAL GOVERNMENT Final Bill Action: HOUSE FILE 2211, a bill for an act relating to the liability for and payment of medical costs and other expenses incurred by certain prisoners and escapees. Recommendation: DO PASS. Final Vote: Ayes, 13: Behn, Boettger, Fraise, Angelo, Bartz, Black, Connolly, Dearden, Gaskill, Hansen, McKean, Redwine, and Schuerer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Final Bill Action: SENATE FILE 2358 (SSB 2041), a bill for an act relating to economic development enterprise zones. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Lundby, Rittmer, Hansen, Boettger, Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine, Rensink, and Schuerer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 2026, a bill for an act relating to the ownership of gambling facilities by, or the issuance of gambling licenses to, political subdivisions of the state. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5071. Final Vote: Ayes, 9: Rittmer, Borlaug, Kibbie, Drake, King, Lundby, McLaren, Rife, and Tinsman. Nays, 4: Deluhery, Fink, Halvorson, and Harper. Absent or not voting, 2: McKibben and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2068, a bill for an act concerning the method by which cities pay the medical costs incurred by members of the police and fire departments of cities who are injured while on duty. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5070. Final Vote: Ayes, 11: Rittmer, Borlaug, Kibbie, Deluhery, Fink, Halvorson, Harper, King, Lundby, McKibben, and Rife. Nays, none. Absent or not voting, 4: Drake, McLaren, Szymoniak, and Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2160, a bill for an act establishing a state protocol officer. Recommendation: DO PASS. Final Vote: Ayes, 13: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben, McLaren, and Tinsman. Nays, none. Absent or not voting, 2: Rife and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2198, a bill for an act relating to the development of protocol to be used for international visitors. Recommendation: DO PASS. Final Vote: Ayes, 13: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben, McLaren, and Tinsman. Nays, none. Absent or not voting, 2: Rife and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2356 (SSB 2175), a bill for an act relating to revolving funds to be administered by the department of general services and providing for funding for the revolving funds. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben, McLaren, Rife, Szymoniak, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: SENATE FILE 2357 (SSB 2081), a bill for an act updating the Iowa Code references to the Internal Revenue Code, exempting certain preneed funeral trust income from taxation, revising the carryback and carryover periods for certain net operating losses, providing refunds, and providing an effective date and retroactive applicability dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, and Szymoniak. Nays, 1: Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2360 (SSB 2082), a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales, services, and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes; providing penalties; and including effective and retroactive applicability date provisions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, Redfern, Szymoniak, and Vilsack. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 2364 (SF 2237), a bill for an act relating to the sales, services, and use taxes exemption for the sales of food and beverages for human consumption by certain organizations, providing refunds, and including effective and retroactive applicability date provisions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, Redfern, Szymoniak, and Vilsack. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Ways and Means Committee on Senate File 2364, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 2365 (SF 355), a bill for an act exempting certain rural water districts from provisions regarding the state tax imposed on sales and services. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, Redfern, Szymoniak, and Vilsack. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Ways and Means Committee on Senate File 2365, and they were attached to the committee report. AMENDMENTS FILED S-5069 S.F. 2256 Patty Judge S-5070 S.F. 2068 State Government S-5071 S.F. 2026 State Government ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 2:06 p.m., until 1:00 p.m., Monday, March 2, 1998. 452 JOURNAL OF THE SENATE 46th Day 46th Day THURSDAY, FEBRUARY 26, 1998 451
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